Revolutionary War Pension and Bounty Land Warrant Application File S 35255, Jotham Donnell, Mass.

SERVICE
NUMBER _____
Mass-
Donnell, Jotham
8 35255
CONTENTS

Jotham Donnell York
15.8.39
not entitled
March 1840

STATE OF MAINE.
York ss.....At a Circuit Court of Common Pleas for the first Eastern Circuit, begun and holden at Yorke , — within and for the County of Yorke — on the first Tuesday of July , being the fourth — day of said month , and by adjournment — from day to day, on the fifth day of July , — in the year of our Lord one thousand eight hundred and twenty, before the Honorable Benjamin Greene, chief Justice — Judge of said Court.
ON this fifth — day of July , in the year 1820, personally appeared in open Court , —
the same proceeding according to the course of the common law, having jurisdiction unlimited in amount, keeping a record of their proceedings, and having “the power of fine and imprisonment,” and being a Court of Record for said County , Jotham Donnell — aged seventy — years, resident in Yorke — in said County , who being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary War as follows, viz. as a Serjeant in the company commanded by Capt. James Donnell , in the Regiment commanded by Colonel Samuel Brewer , in the line of the State of Massachusetts , on the Continental Establishment, as is more particularly mentioned and described in his original declaration, made on the ninth — day of August , A. D. 1819, and on which said declaration his Certificate of Pension, numbered 15839 — was granted. And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818; and that I have not since that time by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an Act of Congress, entitled “An Act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War,” passed on the 18th day of March, 1818: and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is particularly described on the back hereof, also subscribed by me.
Jotham Donnell
Sworn to and declared, on the fifth } day of July , A. D. 1820. }
BEFORE
Benj a Greene, Ch. Justice { One of the Judges of the said Court.
Attt. Daniel Sewall, Clerk.

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
55 acres of land, tillage, pasturage & bushes.
1 two story dwelling house 70 or 80 years old 1 barn,
1 yoke of Oxen, between 5 & 6 feet girth.
1 horse 16 years old 10 sheep 2 pigs
Small quantity of household furniture
Debts due to Sam l . M c .Intire & others Doll. 200.-
SCHEDULE of the family residing with me Jotham Donnell , who, by occupation am a labourer which I am not able to pursue by reason of old age & rheumatism
   NAMES. AGES. Capacity of each to contribute to their support.     Wife Abigail 65 well as common   Nancy Grant, 8 d r -   Jotham Donnell.  
STATE OF MAINE.
York ss. I, Daniel Sewall Clerk of the Circuit Court of Common Pleas for said Circuit , within the county of Yorke do hereby certify, that the foregoing oath, and the schedules thereto an- nexed, are truly copied from the Record of the said Court ; and I do further certify, that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule, is five hundred & fifty dollars, and one hundred  two  cents . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this seventh day of July , A. D. one thousand eight hundred and twenty.
Daniel Sewall , { Clerk of the said Circuit Court for the County of Yorke

4964 ✓ Jotham Donnell's claim for pension 9 th Aug t 1819.
York, District of Maine.
Dan l Sewell, Reg t . Kennebec, Maine.
Col. Phinney's M ts  th Reg t 1776 - 1 year.
Admitted.
rec d Oct. 5. 1819.

Jotham Donnell of York in the county of York in the commonwealth of Massachusetts laborer, upon oath makes the following declaration -
That the said Jotham Donnell engaged as a sergeant in Capt. James Donnell's company and Col. Phinney's Regiment of the Massachusetts troops in the beginning of the year 1776 for the term of one year and served in said capacity faithfully for the term of one year in the Continental establishment and received an honorable discharge, which is lost -
That the Declarant is fifty nine years of age, infirm and from his reduced circumstances in life is now in need of assistance from his country for support -
York August 9. 1819.
Jotham Donnell
Commonwealth of Massachusetts.
York ss. On the ninth day of August, A.D. 1819, before me the subscriber Judge of the Court of Probate within and for the county of York in the Commonwealth aforesaid, personally appeared the aforementioned Jotham Donnell, and in my presence subscribed and made oath to the aforesaid declaration & affidavit by him made, in order to obtain the provision made by the late act of Congress, entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary War". And it appearing to my satisfaction that the aforementioned Jotham Donnell served for the term of more than nine months at one period of the war of the revolution on the continental establishment against the common enemy; and also that the said Jotham Donnell is in such reduced circumstances, that he stands in need of the

the assistance of his country for support. I hereby certify the testimony in the case, and the proceedings had thereon, to the Secretary of the department of War.
In testimony whereof, I hereunto set my hand, and have caused the seal of the said Court to be affixed, the twentieth day of August, 1819.
Daniel Sewall, Reg d .
Jonas Clarke.
We hereby certify that Jotham Donnell an inhabitant of this town, who served as a Soldier in the Revolutionary war, by reason of his reduced circumstances in life is in need of assistance from his country for support.
York September 11. 1819.
Rev. McIntire Joseph Weare his Joseph Jenkins jr.
Selectmen & overseers of the poor of York

Jotham Dorrill of York in the District of Maine, engaged as a Sergeant in Capt James Dorrill's company and Colonel Phipps's regiment of the Massachusetts troops, in the war of the revolution, for the period of one year, in the beginning of 1776. He continued to serve during the year, being the whole period of his enlistment. I was a subaltern officer at the time in the same company and regiment.
He Sawall, now alive in the Massachusetts Militia
Commonwealth of Massachusetts.
Remedra p. On the twenty fifth day of June A.D. 1819 Henry Sawall Esq, above named, to me well known, and being a credible and disinterested witness, made oath to the truth of the above deposition by him subscribed, according to his best knowledge and belief. Before me.
Nathan Weston Gen C. Just.
C.C.C. Phas 2 d E. Circuit.

15.839 R Dist. of Maine.
Southam Donnell, of York, in the state of Massach ts . who was a Sergeant in the regiment commanded by Colonel Phinney, of the Massach ts . line, for the term of One year.
Inscribed on the roll of District of Maine at the rate of 8 Dollars per month, to commence the 9. of August, 1819.
Certificate of Pension issued the 16. of Nov: 1819 and sent to Daniel Sewell, Esq., Kennebunk, Dist. of Maine.
Arrears to 4th of March, 1820. $: 54.96
Semi-annual
6 mo. \frac{27}{30} } 27.48
$: 54.96
{ Revolutionary claim, } { Act 18th March, 1818. }
Not entitled

Notification sent July 21 st 1820 to Daniel Sewall, Hingham, Maine

Depositions for Jotham Dorrill

I Rufus Donnell of York in the county of York, aged thirty eight years, testify and depose, that I took a deed of my father Jotham Donnell of said York, of all his real & personal estate (a copy of which deed is hereunto annexed) the consideration in the deed was estimated at one thousand Dollars, which was considered to be as much or more than the full value of his estate: he owed a number of debts, the precise amount of which was not ascertained, but it was generally expected that the debts amounted to the full value of his estate, and the creditors were calling for their dues; And I accordingly undertook to pay all my father's debts; among which was was a debt due to Samuel M c Intire for money lent, of about one hundred & fifty dollars, which I have given my security to pay. a debt due to Theodore Donnell on a judgment of Court, and costs, of four hundred & thirty eight dollars, which has been paid by me: there was due to me twenty five dollars on a Note of hand which I held against my father, and one hundred dollars for my time labour & expences in taking care of my father & his estate for two years or more before I took a deed of his estate (he being confined to his house by sickness, and not able to do any work all that time) and also seventy five dollars for repairs laid out by me on his house and barn before that time, all which demands are satisfied by said deed. Also a debt due to my sister Nancy of two hundred dollars. And there are still due sundry small debts to Doct r Josiah Gilman & others, amounting to about fifty or sixty Dollars, which I have undertaken to pay. I also testify, that I permit my father to use & occupy about one half of the dwelling house, which is included in his deed to me, during his life. - I further testify, that at the time the said deed was given to me by my father, nothing was said about his pension from the United States; but the deed was made for the sole purpose of paying his just debts.
150.. 438.. 25.. 100.. 75.. 200.. 50.. 1038..
Rufus Donnell
York ss. On the twenty ninth day of April, in the year of our Lord one thousand eight hundred & twenty five, the aforesaid deponent, after being duly cautioned and examined according to law, made oath to the truth of the above deposition by him signed. Taken at the request of Jotham Donnell above named.
Before me, Daniel Sewall, Just. of the Peace.

We the subscribers, Selectmen of the town of York in the county of York hereby certify, that we are well acquainted with the situation and circumstance of Jotham Donnell of said York, and of his estate. The said Jotham was indebted to a number of persons and for some years past he has been so sick as to be confined to his house and not able to work. Last winter the said Jotham made a deed of all his real estate to his son. Rufus who engaged to pay all his fathers just debts. The consideration in the deed was one thousand Dollars which we are of opinion is more than the real value of his whole estate in proportion to other real estates which have lately been sold in this town. We understand that the said Rufus has undertaken to pay all his fathers debts. We further certify that the said Jotham Donnell has been an honest and industrious citizen and now being reduced to poverty and want and sickness he is in our opinion well entitled to receive a pension from the United States as a small compensation for his faithfull and long services in the late Revolutionary War.
York May 10 th 1825.
David Wilcox James Bragdon

I Nancy Donnell of York in the county of York, singlewoman, aged forty two years, testify & depose, that my father Jotham Donnell of said York was indebted to me for services performed for him, to the amount of two hundred Dollars; and when my father made a deed of his estate to my brother Rufus Donnell, last winter, it was the understanding of my father and the said Rufus, at that time, that the said Rufus should pay all my father's just debts. And the said Rufus has obligated himself to pay me what was due from my father to my satisfaction. I further testify, that my father has been confined to his house and not able to do any work, for more than two years past.
Nancy Donnell
York ss. On the twenty ninth day of April, in the year of our Lord, one thousand eight hundred & twenty five, the aforesaid deponent, after being duly cautioned and examined according to law, made oath to the truth of the above deposition by her signed. Taken at the request of Jotham Donnell above named.
Before me, Daniel Sewall, Just. of the peace.

State of Maine.
York ss. I Jeremiah Bradbury, Clerk of the Judicial Courts for the County of York aforesaid, hereby certify that Daniel Sewall, Esquire, who certifies the foregoing Depositions of Rufus Donnell and Nancy Donnell, is a Justice of the Peace within and for said County, duly qualified to administer oaths in such cases, and that full faith and credit are due to his official acts as such Justice of the Peace.
In witness whereof I hereunto set my hand and affix my official seal, this twentieth day of May A.D. 1825.
Jere. Bradbury

Depositions &c. for Jotham Donnell.

I Josiah Gilman of York in the county of York, physician, depose and testify, that Jotham Donnell of said York was indebted to me for medical aid advice and assistance, for himself & family for more than thirty years last past; he has made me sundry payments at different times, and there is now due to me from him about fifty dollars. After the said Jotham conveyed his estate to his son Rufus, it was the understanding between them, that the said Rufus should  had engaged to pay all his fathers debts, and he has engaged to pay me what is due from his father.
Jos. Gilman
York ss. On the twenty fifth day of May, A. D. 1825. The aforesaid Josiah Gilman the deponant made oath to the truth of the above deposition by him signed. Taken at the request of the said Jotham Donnell. And I hereby certify, that the said Josiah Gilman is a person of veracity, and his testimony is intitled to belief and credit in Courts of Law and elsewhere.
(Daniel Sewall, just. of the peace.)
I Samuel M c Intire of York in the county of York, yeoman, testify and depose, that on the twentieth day of January, 1825. — Jotham Donnell of said York was indebted to me in the sum of one hundred & forty nine Dollars & fifty cents, for money lent him; and I now hold a note against his son Rufus Donnell of that date, to pay me the same sum with Interest, on demand.
Sam c M c Intire
York ss. On the twenty sixth day of May, A. D. 1825. The aforesaid Samuel M c Intire the deponant made oath to the truth of the above deposition by him signed. Taken at the request of the above named Jotham Donnell. And I hereby certify, that the said Samuel M c Intire is a person of veracity, and his testimony is intitled to belief & credit in Courts of Law and elsewhere. (Daniel Sewall, just. of the peace.)

I Theodore Donnell of York in the county of York, aged thirty five years, testify and depose, that my father Jotham Donnell of said York, was indebted to me for labour & services, on his farm, for six years, the demand was left to Referees and they allowed me four hundred Dollars, the report of s d Referees was carried to Court last February, and Judgment was rendered thereon, and an Execution issued thereon for the amount of the Judgment and costs thereon, which Execution was levied on my said father's estate some time last March, the whole amount of said Execution & costs & charges of levying the same, amounted to four hundred & thirty eight Dollars. Since which time my brother Rufus Donnell has paid me the said sum of four hundred & thirty eight Dollars, in full of said Execution, and the cost & charges of levying the same, and in full of all my demands against my said father. Theodore Donnell
York ss. On the twenty sixth day of May. A. D. 1825. The above named Theodore Donnell the deponent, made oath to the truth of the above deposition by him signed. Taken at the request of the above named Jotham Donnell. And I hereby certify that the said Theodore Donnell is considered to be a person of truth and veracity, and that his testimony is intitled to belief and credit in Courts of law and elsewhere.
Daniel Sewall, just. of the peace.

I Esaias Preble of York in the county of York, Esquire, testify and depose, that I was a witness to a deed given by Gotham Donnell of said York, to his son Rufus, of all the said Gotham's real & personal estate; the deed is dated the twenty fifth day of January, 1825, (a copy of which is hereunto annexed) and I took the acknowledgment of the same. It was the understanding between the parties, that the said Rufus should pay all his father's just debts, and maintain him & his wife during their lives. The consideration in the deed was one thousand dollars, which in my opinion is as much or more than the full value of the estate. I considered the conveyance at the time, to be a fair and honest transaction. And since which I saw the said Rufus pay a debt to his brother Theodore Donnell, on a judgment of Court, & costs, of four hundred & forty one dollars & some cents, or thereabouts. The said Rufus has also paid me a small debt which was due for business done for the said Gotham & Rufus, of about four dollars. Esaias Preble
York ss. On the twenty fifth day of May, A.D. 1825. The above named Esaias Preble Esq r the deponent, made oath to the truth of the above deposition by him signed. Taken at the request of the above named Gotham Donnell. And I hereby certify that the said Esaias Preble is a disinterested witness, and that his testimony is intitled to full credit and belief. Daniel Sewall, just. of the peace.

Power of attorney case
Theodore Dornett
son of
Isaac Dornett

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
State of Maine
County of York
Be it known that before me
before me  Matthew a Justice of the Peace personally appeared Theodore Donnell aged 60 years, who being duly cautioned and then sworn in due form of law, states that he is the son of Jotham Donnell who was a Revolutionary Soldier, or Pensioner of the State of Maine and that he died on the Eighteenth day of March 18 29 and that his mother named Abigail Donnell died on the Sixteenth day of June 18 33 and that they were married on the 7th day of February in the year 177 5 and that they were residents of York in the State of Maine and that they resided there true lifetime  there , and that he resides in said York and that furthermore he BY THESE PRESENTS, constitutes, appoints and fully empowers and authorises irrevocably and with powers of substitution—F. E. Hassler of Washington City, D. C., as his true and lawful Attorney for him and in his name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government Officers his rights in all and in any manner of claim for increase or arrears of Pension or Land, that may be due him as his of Jotham Donnell who died leaving the same drawn, as in right of law, custom, or equity he is or may be entitled.
IN WITNESS WHEREOF he has on this seventeenth day of June 1852, hereunto signed his name and affixed his seal.
Theodore Donnell
SEAL
Witness: Nathl. G. Marshall
Witness: Sophia B. Marshall
Signed, Sealed, acknowledged and Sworn to before me, on this 17th day of June 1852.
Nathl. G. Marshall
J. P.
SEAL
At the same time personally appeared before me Nathl. G. Marshall a Justice of the Peace two credible and disinterested witnesses named Jonathan Allen and Arthur Witham residents of the aforesaid County and State, who having been by me cautioned and then duly sworn according to law, do depose and say each for himself, that he has always heard it said and it is generally believed by the community that Jotham Donnell was a Revolutionary soldier and that Theodore Donnell was by him always treated as and is by the witnesses believed to be the son of the said Revolutionary Soldier.
Jonathan Allen Arthur Witham
SEAL
SEAL
Sworn to before me the day and year first above written.
Nathl. G. Marshall J. P.
SEAL
State of Maine
County of York
to wit:
William G. Marshall
Esq.,
I HEREBY CERTIFY, That William G. Marshall before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand and affixed the seal of the Supreme Judicial County Court, this twenty eighth day of July one thousand eight hundred and fifty two
James O. McIntire Clerk.
* If a widow applies state "the date of marriage, and date of death of her husband."

Jotham Donnell Maine
Application to be restored
Brief within
Rejected by S. of W. 9 July 1825-
see letter to Daniel Sewall Esq re
Kennebec
Maine
Information given, in letter to Hon. Mr. Burleigh, H. of R. 17 th apl. 1826.
Last evidence 10 th May 1825.
4 Mar. 1820

York St March 25 3
f
Hon. William Burleigh
Washington
(District of Columbia)

Yorks March 24, 1826
Dear Sir
I wrote you some time in February for Mr Rufus Donnell, requesting you to ascertain the reasons why his Father was not put on the revolutionary pension list - I then stated that the papers proper & necessary for the same were made out out by Daniel Sewall Esq and sent on to the proper authorities, since which time he has not heard from them - Mr Donnell is very anxious about them, for his Father is now, not only incapable of any work, but is entirely dependent on him for his whole support.
If you would take the trouble to ascertain if possible why his certificate has not be sent on you would confer a great favor on him and very much oblige your
Obt Servant,
Hon William Burleigh Washington
Jeremiah Brooks.
NB Please give me an answer as soon as convenient

John Donnell
Pa. Sept 10. 1826
Hon: M c Culloch H. Rep.
Stewardson Esq.
Gen Mc Culloch
Pension Office

April 6, 1826
Sir
I hope, from an examination of the enclosed letter you will be able to forward me the information required, The letter alluded to in this, probably contained the Christian name of the old gentleman, but I have either lost it, or it never reached me, I have no knowledge of it -
Mr Dunnell lives in the Town & County of York, Maine - Please write me soon as convenient, and oblige Yours & -
Wm Burleigh

See caveat within.
Rec d ,
May 20, 1825,

35255 Rev INVALID.
am
File No. 35255
Jotham Donnell His Rev Mrs
Act: 18 th March 18 th
Index:—Vol. 2 , Page 112
[Arrangement of 1870.]

copy. Deed. Jotham Donnell to Rufus Donnell.
copy, 1824

KNOW ALL MEN BY THESE PRESENTS,
THAT Jotham Donnell of York in the county of York, yeoman, _____
in consideration of the sum of one thousand dollars paid by
Rufus Donnell of said York, gentleman,
the receipt whereof I do hereby acknowledge, do hereby give, grant, bargain, sell and convey unto the said Rufus Donnell , his heirs and assigns, forever, all the real estate I own in York, it being the place whereon I now live live, consisting of mowing, tillage, pasture and wood land, together with the buildings thereon standing, containing eighty acres, more or less, bounded on the south and southwest by land of Samuel Stone, on the east and northeast by lands of Samuel Donnell, on the north and westerly by lands of Daniel Bridges, junr. and lands of the heirs of the late widow Ruth Lyman, deceased. Also, one piece of salt marsh, lying in the upper parish in York, so called, containing two acres, more or less, bounded by Samuel McIntire, Sam d Donnell & others. Together with all my personal estate that I own and possess, of what ever name or nature. Also, all the right, title and interest that I have or ought to have as heir to my son Thomas Donnell, deceased.
TO HAVE AND TO HOLD , the aforegranted and bargained premises, with all the privileges and appurtenances thereof, to the said Rufus Donnell , his
heirs and assigns, to his & their use and behoof, forever....And I do covenant with the said Rufus Donnell , his heirs and assigns, that I am lawfully seized in fee of the premises; that they are free of all incumbrances; that I have good right to sell and convey the same to the said Rufus Donnell , to hold as aforesaid. And that I will warrant and defend the same to the said Rufus Donnell , his heirs and assigns, forever, against the lawful claims and demands of all persons.
IN WITNESS WHEREOF , I the said Jotham Donnell _____
have hereunto set my hand and seal, this twenty fifth day of January , in the year of our Lord one thousand eight hundred and twenty-five.
Signed, Sealed and Delivered in presence of Esaias Preble , Harriet Donnell
Jotham Donnell his mark
York, ss. January 25, 1825. - Personally appeared the above named Jotham Donnell and acknowledged the above instrument to be his free act and deed.
Before me, Esaias Preble , Justice of the Peace.
Recorded according to the original, received January 26, 1825. Attest Jeremiah Goodwin , Register. Copy of Record, book 119 th , page 1 st of the Records of Deeds for York county. Attest, Jeremiah Goodwin , Register of Deeds.

State of Maine County of York.
I Jeremiah Bradbury Clerk of the Judicial Courts for said County do hereby certify, that Jeremiah Goodwin Esqr. who certifies the within copy of re- cord, is and for a long time has been Register of Deeds &c for said County - and full faith & credit are due to his acts as such Register of Deeds -
In witness whereof I hereunto set my name and affix the seal of the Sup. Jud. Court for said County, this tenth day of May A.D. 1825 Jer. Bradbury

I Alexander M c Intire of York in the County of York and State of Maine, depose and say, that on the twenty second day of January 1825, I was called on by Rufus Donnell, son of Jotham Donnell of York to go with him to the house of the said Jotham to do some writing for them, the said Jotham being so infirm that he was unable to leave home — I went with the said Rufus to the house of said Jotham, and there learnt that said Rufus had a few days previously signed a joint note with his father to one Samuel M c Intire for the sum of one hundred forty nine dollars and some odd cents, and for which he wanted his father to give him security for , by deed of real estate, and at the same time mentioned to his father, that the said Rufus Donnell's brother Theodore, who had for several years laboured for his father, had commenced a suit against him for his wages amounting to a considerable sum —
The old man said that he owed his son Theodore but little or nothing — that he owed no other debts excepting the debt which Rufus had become bound for to pay. He said he was willing to give Rufus a deed of all his real estate, and convey to him his personal estate also, if said Rufus would give him a bond to support the said Jotham and his wife during their lives — Rufus Donnell agreed to give his father such a bond — I told said Jotham that if he owed debts, I thought a deed would not bear his just creditors from their demands, though it would be good against heirs — The old man replied that he owed no debts, and his wife and daughter Nancy who lived in the family also

said the same - and the old man further said that Theodore his son should have none of his estate if he could prevent it -
Rufus Donnell also asserted that he thought his father owed no other debt than that which he had become bound for to Samuel M c Intire, excepting the demand of Theodore for labour which he did not look upon to be much of anything. It was named by the parties that they thought that two acres of salt marsh lying about six miles distance from the farm and which was unproductive would bring from fifty to seventy five dollars, and concluded to sell it, and pay the proceeds on their joint note before named -
At the request of the parties I wrote a bond, in the penal sum of one thousand dollars, which said Rufus signed and executed, conditioned to give the said Jotham and wife a good and comfortable support during their lives - I also wrote a warrantee deed of all the real estate which the said Jotham owned, excepting the two acres of salt marsh before named, and also put in the body of the deed all the said Jotham Donnell's personal estate - The condition named in the deed was one hundred and fifty dollars paid, (meaning the sum which said Rufus had become bound to pay) and named in said deed a further consideration of the bond above named -
The deed was executed, acknowledged before me and delivered to said Rufus in my presence, and the bond delivered from said Rufus to said Jotham - Soon after this, the said Theo-

dore and his father agreed to submit the claim of said Theodore against his father to Referees, who after a hearing of the witnesses &c. on both sides, reported that the said Theodore recover of said Jotham four hundred dollars and cost — The report being entered at the Court of Common Pleas, Execution issued against said Jotham for four hundred dollars and cost, amounting to about forty dollars more — This execution was put into the hands of an officer who made a levy on a part of the real estate which the said Jotham conveyed to the said Rufus, by the before named deed — I was one of the appraisers who appraised off the property to satisfy this execution, which was one third of the dwelling house in which the said Jotham lived, one half of his barn, and a little short of eight acres of land — The whole farm was estimated to contain about eighty acres besides the salt marsh — Said Theodore accepted the levy in full satisfaction of his execution — I should judge that the remaining part of the real estate conveyed from Jotham to Rufus was worth at least twelve hundred dollars — I understood from Jotham and his son Rufus that said Jotham's stock of cattle was eight head, and about twelve sheep — After this levy was made Rufus Donnell told me that he thought he could save the farm, for he meant to get his father on the pension list, and if his father should live but a few years, his pension money would pay all his debts —

I told Rufus Donnell that he could not get his father on the pension list, for the consideration named in his deed from his father to him was for the support of his father and mother —
Rufus in reply said, that he had taken advice on that subject, and that he had taken another deed, and had destroyed the one I had written, and that the one I had written had not been put on Record. —
York May. 6. 1825
Alex. M c Intire
York ss May 6 1825 Then the above named Alexander M c Intire Esquire personally appeared and made solemn oath that the foregoing deposition by him subscribed is true before me Solomon Brackes Just of the Peace

FREE Edward To the Honorable The Secretary of the War Department of the U. S. City Washington

To The Honorable the Secretary of the War Department of the United States.
Sir
As it has been reported here that an application is about to be made to the War Department for a pen- sion for Gotham Donnell of York, — at the request of Theodore Donnell his son, I have given the inclosed Depo- sition. — It is the opinion of all disinterested persons who are acquainted with Gotham Donnell & his property, that he ought not to have a pension —
What his oath may be I know not — He is a man in his dotage and might no doubt be made to testify to any thing, that a favourite of his might see fit to propound to him —
I am respectfully Sir your obedient Servant
Thos. M. Martin

1 March 1823, Maine.
Honorable Gotham Darnell
Daniel Scamell Kennebec Me.
Recd. June 1823
Secretary of the Department of War.
Washington.
Mr. to J. S. Edward, Esq.
Clerk in 2 d Department.
W.P.

Hennebunk (Maine) 27 th May, 1825.
Sir,
I herewith forward you the application of Jotham Donnell of York, to be restored to the pension list, together with a copy of the deed conveying his estate; and several depositions in the case.
His estate was valued in the schedule exhibited to the Court in July 1820, at 550 Dollars. And he stated the amount of debts he then owed to be 200 Dollars.
Judge Greene held the Court in July 1820, and he was by no means particular in estimating the value of estates - he only enquired of some person or persons in the neighbourhood, without testimony under oath, - And he was disposed to have them valued very low in general. Many estates were valued for less than half their real worth. - And as to the debts that were due from the applicants, they were not particular in estimating them. And it generally turned out that they owed considerable more than they stated. And as to Jotham Donnell, he has been getting in debt ever since he first made his application, and has been confined to his house for several years past, and not able to do any work. And it appears that about the time he made the deed to his son Rufus, all his debts & costs accruing thereon, amounted to more than one thousand Dollars.
M c Donnell has stated in his application, that all his real estate and part of personal, was conveyed to Rufus. I drew up his application, and had not then the deed nor a copy of it; and as he mentioned that he had a small quantity of personal estate in his possession, I supposed the deed did not contain the whole; but on examining the copy it appears the whole of the personal estate was conveyed, although his son Rufus permits him to possess & occupy a small part of it.
M c E. Preble states in his deposition, that when the deed was made, Rufus not only undertook to pay all his father's debts, but to maintain his father and mother during their lives. But he also states that the consideration in the deed is as much or more than the full value of the estate. - And as to maintaining his father & mother, the law would compel him to contribute towards it in proportion to his ability.
Upon the whole it seems that the debts & charges which the said Rufus has paid and engaged to pay, amount to more than the full value of the estate, without contributing to the support of his parents. - The transfer from Jotham to his son Rufus appears to be a fair & honest transaction, and is so considered by his neighbours; and I am of opinion that it would be so considered in our courts of law. - And I can see no reason why he should not be restored to his pension.
The depositions of Rufus & Nancy Donnell were taken by me, while attending the Supreme Judicial Court at York on other business, and I had not opportunity at that time to take the others, till this week when.

I had occasion to attend the Court of Sessions there, and as the Seal of the Court was affixed to the two first, I did not suppose it necessary to have it affixed to the last depositions, they having been taken so soon after by the same person.
I am very respectfully,
your humble serv t .
Daniel Sewall.
Honorable James Barbour,
Secretary of the Department of War

Jotham Donnell
Maine
Application to be restored
Brief
/ last evidence 10 th May 1825/

Jotham Donnell a Sergeant. Maine.
Enlisted in 1776. for 3 years in Col. Samuel Brewer's regiment (Mss: line). Discharged in January 1780.
1 st Schedule 5 th July 1820.
55 Acres of land, tillage, pasturage, and bushes.
1 two story dwelling house very old, and barn.
1 Yoke of Oxen.
1 horse 16 y s old, 2 pigs and a small quantity of household furniture. valued in aggregate at . . . $550. 00.
Due to Samuel McIntire and others. $200 —
Discontinued 21 st July 1820.
Applies to be restored.
2 d Schedule 28 th April 1825.
Says. No estate now owned or possessed by me, except the use and occupation of a part of a dwelling house, and a small quantity of household furniture - valued at . . . $20.
States that he conveyed to his son Rufus Donnell 25 th Jany 1825. all his real estate, and part of personal; Received $1000. by payment of debts to sundry persons.
Previous to the rec d of this application. viz t 20 th May 1825. a caveat was filed by Alexander McIntire, who before that time had made an affidavit at the request of the claimant's son; noted hereafter. He states that claimant is in his old age and might be made to swear to any thing: that it is the opinion of all disinterested persons acquainted with his circumstances, that he ought not to be restored to the pension list. (not under oath).
Evidence offered by the Claimant.
Copy of a deed to Rufus Donnell. dated 25 th January 1825. acknowledged the same day, and recorded the next, for
81 acres land and tenements, in York
2 d o a salt marsh. and the Grantor's interest in the estate of his son Thomas deceased. consideration — $1000.
Rufus Donnell states that the property above mentioned was conveyed for the sole purpose of enabling him to pay off his father's debts. has accordingly undertaken to do so.
exhibits the following list, for which he has given

his own notes. vizt —
Samuel McIntire, for money lent $ 150. 00 Theodore Donnell, an execution, for services rendered 438. 00 Nancy Donnell, for services rendered her father 200. 00 His own claim for services rendered his father from 1822. to January 1825 125. 00 Money expended by him for repairs done to the Barn & dwelling house previous to this conveyance 75. 00 Paid Doctor Gilman and others 50. 00
Am't of claims satisfied $ 1038. 00
The affidavits of the above named creditors are produced, admitting satisfaction by Rufus.
In the claims set up the children of Donnell there are no accounts stated, rate of allowance, or dates.
The record in the case of Theodore vs his Father is not exhibited. The debt of Dr Gilman is balance of an account of 30 yrs standing as per his affidavit.
Esaias Preble was present when the conveyance was made, and took the acknowledgment thereof — he expressly states that the son Rufus, was to pay all his fathers debts and maintain him and his mother during their lives
Alex d McIntire confirms the foregoing. Drew the agreement between Rufus and his Father, covenanting for maintenance of claimant and wife during their lives — saw the same executed. Some time after Rufus informed him he had destroyed the agreement, and intended to get his father restored to the pension list. The execution in favor of Theodore was satisfied by delivering 2 acres of the salt marsh, a part of the dwelling and Barn, and 8 acres of the farm land — represents the residue of the real estate as being worth $1200, and that the claimant had 8 head of Cattle and 12 Sheep, as he understood.
Claimant aged 75. a blacksmith Farmer; but unable to labor, being very infirm. His wife 70, as well as persons of her age are generally. A daughter 42. able to work

I certify that I have examined this case, and am of the opinion, that according to the principles which have governed in previous decisions the claim ought not to be admitted; but in conformity with the request contained in Mr. D. Sewalls letter, to which I would respectfully refer the Secretary of War, the case is submitted to him for his decision.
J. L. E.
The decision approved
173

Copy 3 - of Jotham Donnell's ap- plication to be restored to the Pension list - — —
Made 28. April, 1825.

State of Maine.
County of York, ss.
ON this twentyeighth day of April 1825, in open Court, being the Supreme Judicial Court held at York within and for the county of York on the last Tuesday of April A. D. 1825 Present the Hon. Nathan Weston Junr. Justice of said Court; said Court keeping a record of their proceedings, having jurisdiction unlimited in amount, proceeding according to the course of the common law, having the power to fine and imprison, and being a Court of Record in said county, personally appeared Jotham Donnell of the town of York resident in said county, aged seventy five years, who, being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the provision made by the Acts of Congress of the 18th March 1818 and the 1st May 1820, that he the said Jotham Donnell enlisted for the term of three years on the in the fall day of the the year 1776 in the State of New York as a sergeant in the company commanded by captain James Donnell in the regiment commanded by Colonel Samuel Brewer in the line of the State of Massachusetts line on the Continental establishment; that he continued to serve in said corps until the first day of January 1780, when he was discharged from the said service, in Fishkill in the State of New York that his name has been placed on the pension list, and dropt therefrom on account of his property.
AND in pursuance of the Act of the 1st May, 1820, I do solemnly swear, that I was a resident citizen of the United States on the 18th day of March 1818; and that I have not since that time, by gift, sale or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolutionary War," passed on the 18th day of March 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts or debts due to me; nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed.
Witness Daniel Sewall.
Jotham his X Donnell mark
Sworn to and declared on the twenty eighth day of April, 1825.
Before Nathan Weston Junr.

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
55 acres of land, tillage, pasturage & bushes. One two story dwelling house 70 or 80 years old - One barn - 1 Yoke of oxen between 5 and 6 feet girth, 1 horse 16 years old - 10 sheep - 2 pigs - small quantity of household furniture - Debts due to Samuel M c Intire and others 200 dollars - Note. This schedule was exhibited in July 1820.
SCHEDULE of the family residing with me  Jotham Donnell who, by occupation am a farmer which I am not able to pursue by reason of old age and sickness - in the fall of the year 1822
   NAMES. AGES. Capacity of each to contribute to their support.     Abigail my wife 70 well as common for a person of her age   Nancy my daughter 42 able to work  
That since the exhibition of my first schedule the following changes have been made in my property.
   Names of the person to whom sold, or by whom now owned. Time of sale or transfer and for what purpose. Amount of money, or description of property received in return.     Rufus Donnell all my real estate & part of personal January 25. 1825. 1000 Dollars, by payment of debts to sundry persons to that amount.  
And no estate now owned or possessed by me, except the use and occupation of part of a dwelling house, & a small quantity of household furniture the value of which does not exceed twenty dollars.
Witness Daniel Sewall
Sworn to and declared on the twenty eighth day of April 1825 before
Nathan Weston jun r . Just. S. J. C.
I Jeremiah Bradbury Clerk of the Supreme Judicial Court do hereby certify that it appears, to the satisfaction of the Court, that the said Jotham Donnell did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy, for the term of nine months under one engagement, on the continental establishment. I also certify that the foregoing oath and the schedules thereto annexed are truly copied from the records of said Court; and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is twenty dollars and cents .
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this tenth day of May 1825
Jere. Bradbury CLERK of the Sup. Jud. Court 16 of York